Letter received by Banks from William Balmain, 24 May 1802 (Series 23.03) - No. 0004

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                    Courts of Justice

When the Colony of New South Wales was first planted the Civil and Criminal Courts of Judicature were capable of performing all that was required of them.  The Officers who were occasionally summoned as Members, were in general steady men, and as the Number of European Inhabitants were few, Crimes were not frequent among them and Law Suits scarcely known, in this early Stage therefore where Difficulties seldom occurred on any of the Trials, neither the Judge Advocate or Members were required to possess any intricate knowledge of the British Laws ;  Nothing was yet agitated in the Colony that could tend to perplex their Minds or warp their Judgements, the people were Satisfied and the ends of Justice were fully answered

     In process of Time population increased and Crimes multiplied, Property was aquired and Litigation kept Pace with it, every Scheme that the Art and cunning of thorough paced rogues could devise was sedulously employed to perplex the Courts of Law and to obstruct the Course of Justice, and at present seldom a day passes without the Commission of a Crime or the Commencement of a Law Suit ; Cases of real of artificial Difficulty occur at every trial, which from the incompetence of the Judges frequently produce unpleasant divisions of Opinion among them insomuch that references without end are made from their Decisions to the higher powers in England, and Justice is left to sleep untill Answers are returned on the Subject

     From this in part proceeds that want of Respect for our Courts of Judicature which at present manifests